Seatback FailureOur client has told us that their successful settlement of a seat back
failure case is directly related to our consulting skills at securing seat
documents. An SUV driver hit from behind in a multi-vehicle accident.
His seat back fell rearward causing him to suffer quadriplegia.

Early in the case we determined who manufactured this bucket style, one
piece head restraint seat. Document requests to the vehicle manufacturer
yielded no pertinent seat documents. LSSLC, LLC (L.S. Sherman Litigation
Consulting, LLC) suggested that the seat documents be subpoenaed directly
from the seat vendor. The documents produced by the vendor proved pivotal
to exposing this weak seat design, according to attorneys at Atlee Hall &
Brookhart.

The case settled prior to trial but, not before Atlee Hall did some focus
group analysis. Here they found that the group reacted negatively toward
the defendant because: the defendant did not meet their own internal
standards, viewed dramatic FMVSS 301 testing videotapes footage where the
seat back fell rearward and recognized that damage to the rear bumper of
the Jeep was minimal. These results added to this successful outcome.

Why was LSSLC’s involvement critical to success?

Neither an attorney, paralegal nor expert working on this matter had ever
secured documents from a vendor before. LSSLC had this experience and
knew how to get the docs.

Both cases involved the organization of many produced documents. LSSLC
(L.S. Sherman Litigation Consulting, LLC) identified the key technical
documents and placed them into a document log with cross references to
fact witness and expert depositions. This made it easy for the attorneys
to gather exhibits prior to taking depositions and to distinguish key
exhibits for use at trial.

Communicating with testifying experts and preparing them for deposition
can be a difficult task if you have little familiarity with the technical
expertise of your expert. We helped our attorney clients better
understand these technical issues so that they could communicate more
effectively with their testifying experts.

Locating other similar cases can be crucial to proving your case theories
to a jury. Here, we located many other cases and incidents where an on
road rollover resulted in roof crush to the same vehicle models as we had. We also looked for and located incidents that had substantially similar
factors associated with the rollover dynamics of our cases. Our
experts were able to cite and refer to these incidents in their
depositions.

Why was LSSLC’s involvement critical to success?

No attorney at this firm had the technical expertise to identify
significant technical documents. Using expert to do this is very
expensive. LSSLC could do this effectively for less. Communicating
technical issues regarding rollover to attorneys can take a lot of time
and cost much money. Yet, it is essential that attorneys have some
understanding of these issues for success. LSSLC was able to explain
these complex technical issues to attorneys for less cost, using as much
time as needed.

Locating other similar accidents in suit or not can be difficult to
locate. Experts have many clients to service, not much time and cost lots
of money. LSSLC has research available that takes less time, costs less
money and can locate similar accidents throughout the USA.

Agricultural Tractor DefectOur attorney client and his testifying expert needed an operator’s
manual for a tractor manufactured in the early 1960’s by a company that no
longer existed. They also requested that we investigate the applicable and current ANSI standard. The deceased plaintiff had
purchased this used tractor where the safety switch had been bypassed.
This is not an unusual practice. Often it is done to gain perceived
convenience in certain work situations. While standing on the ground, the
farmer starts the tractor from this standing position only to have the
tractor immediately drive forward running over and killing him. This
sometimes occurs in the field with no witnesses present.

LSSLC, LLC (L.S. Sherman Litigation Consulting, LLC) located and purchased
the pertinent operator’s manual authored by the original tractor
manufacturer. It contained the original operator directions and repair of
all the component parts. We also contacted the engineer responsible for
revision of the current and applicable ANSI standard. Additionally, we
were able to find a report by the State of Iowa that contained other
similar incidents where the safety switch had been bypassed.

After we supplied the attorney with the appropriate operator’s manual,
applicable standard and other similar incidents, the case settled.

Why was LSSLC’s involvement critical to success?

Armed with the original operator’s manual, information about the current
and proposed revisions to the applicable ANSI standard, as well as the
other similar incidents reported in the Iowa investigation, our
attorney client was able to show the defendants that the alterations made
to the tractor were foreseeable and expected.

Door Latch FailureA front seated passenger in an SUV was ejected when the vehicle made a
left turn through an intersection. The SUV was hit on the passenger side
by another SUV. The front passenger hit his head on the roadway and
suffered brain trauma.

LSSLC, LLC (L.S. Sherman Litigation Consulting, LLC) was able to find our
attorney clients the door latch expert that they needed to prove a
defective design.

After preparing requests to the manufacturer for documents and reviewing
the documents produced, we recommended to our client that a metallurgical
test be performed. This test identified the defective material within the
door latch design that allowed this component part to fail and the door to
open at impact.

Our attorney client presented the results of this testing to defendants
and the case settled for an undisclosed amount.

Why was LSSLC’s involvement critical to success?

LSSLC determined that no key technical documents were produced by the defendant manufacturer, then recommended that testing be done. An
expert is often too busy to focus the attention to a particular case.
LSSLC works on the entire matter and has a more complete understanding of how all the pieces fit together and what the case needs.

LSSLC only works in complex technical litigation and networks
continuously with technical testifying experts.

This matter cost our attorney client little of his own time. We wrote
draft letters, document requests and reviewed test protocol, with his
final approval. We attended vehicles inspections, organized all of his
case documents and the file. All fact witnesses were interviewed by us
early in the preparation process. At settlement only fact witness
depositions had been taken. Our attorney client paid less for our time
than he would a testifying expert, saved more of his own time and that of
his staff for other matters. Further, he achieved a successful settlement
with less case costs to his clients and his firm.